HomeMy WebLinkAboutCOM 0739.144 2016-2018 JEN RUGGLES Public Works&Parks and Recreation
Council Member f!' o! • Committee Chair
.•I'" k •+ • Public Safety&Mass Transit
District 5— Puna Mauka, ,� �. .� �,
Pahoa Mauka, Kalapana �'�'�'�� Committee Chair
Phone: 808-961-8536 �� o.; �.•_ Hawai`i County Building
Fax: 808-961-8912 r .....+�r°'
_-• 25 Aupuni St. Suite 1402
Email:Jen.Ruggles@hawaiicounty.gov Hilo, HI96720
HAWAI`I COUNTY COUNCIL
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DATE: July 10, 2018 "
.11.00
TO: Valerie T.Poindexter, Chair
And Member of the Hawai`i County Council .�
FROM: 3-- Jennifer Ruggles, Council Member1.01
Hawai`i County Council c=. .
SUBJECT: Proposed Amendments to Bill 108, Draft 3, An Ordinance Amending Chapter
25,Article 1,Article 2, Article 4, and Article 5, of the Hawai`i County Code
1983 (2016 Edition, as Amended), Relating to Short-Term Vacation Rentals.
Attached please find proposed amendments to Bill No. 108, Draft 3. The proposed amendments
are illustrated below in Ramseyer format with respect to the contents of Bill No. 108, Draft 3;
material to be deleted is bracketed and stricken, and material to be added is underscored.
1. SECTION 2 of Bill No.108, Draft 3, section 25-4- ,titled"Enforcement", is amended to
read as follows:
"Section 25-4- .2 Wafer—cement] Administrative Enforcement"
2. SECTION 2 OF Bill No. 108, Draft 3. section 25, is amended to add a new Section 25-4-_.5
to read as follows:
"Section 25-4- .5 Private enforcement
A neighbor may institute a civil action in any court of competent jurisdiction against any
person for violation of the provisions of the chapter pertaining to short-term vacation rentals and
shall be entitled to all remedies available under the law or in equity appropriate to remedy any
such violation, including but not limited to a fine equal to the gross amount paid by a customer to
rent a short-term vacation rental,which shall be doubled if the violation is shown to be willful.
Hawai`i County is an Equal Opportunity Provider and EmployerComm. No. -7-�- 1 -
-- IX*
The department and the board of appeals do not have special competence in or primary
jurisdiction over such violations and the neighbor is not required to exhaust any administrative
procedures before instituting action. If the neighbor is the prevailing party in any legal action
taken pursuant to this section,the court shall award reasonable attorney's fees and costs as part of
the costs recoverable. Any fine which has not been satisfied in full within 90 days and has not
been successfully challenged by a timely writ of mandate shall constitute a lien against the real
property as to which the violation occurred and may be recorded, provided that no such lien shall
be imposed if the owner of the property did not commit a violation of this chapter in connection
with the rental and the owner establishes that all phases of the rental, including advertising, offer
and exchange,took place without the owner's knowledge. Due to the special competence of the
department in investigating and remedying violations of this chapter, no action under this section
may be brought until six months after the neighbor has filed a complaint with the department
Against the person alleged to be in violation of the provisions of this chapter pertaining to short-
term vacation rentals."
3. SECTION 3. Chapter 25, article 1, section 25-1-5, of the Hawai`i County Code 1983 (2016
Edition, as amended) is amended by adding new definitions to be appropriately inserted and to
read as follows:
""Neighbor"means any property owner or tenant all or any part of whose principal residence is
within a 1,000-foot radius of real property on which a short-term residential rental occurs."